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Home My WebLink AboutVarian Park Orchard Lease -Eubanks - 1976 Eubanks Awl 5 RESOLUTION NO. 4133 A RESOLUTIM OF THE CITY CD=CrL OF THE CITY OF CUPER'TIN AUTHORIZT.0 EXECUTION OF LEASE AGREEMENT WITH EARL EVIAW FOR C.TY PROPERTY, Y. ILIAN PARR ORCHARD WHEREAS, there,- has been presented to the City Council a lease agreement between the City of Cupertino and Earl Eubanks for the lease of City property identified as VAr.ian Park Orchard; and WHEREAS, Lhe terms and con,61tions of the lease have been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, RE IT RESOL`7ED that the Mayor and the City Clerk are hereby authorized to execute the '.ease agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th da-y of March , 1976, by the following vote: Vote- Liembers of the Ci.:y Council AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers NOES: None ABSENT: None ABSTAIN: None APPROVED: 1sl Robert W. Me rc Mayor, City of Cupertino ERTIFY THAT TiAE WITH�� THIS IS 6; qWD COPY COP INSTRUME>TD tB ATRUE FILE IO�i THIS OFFICE. OF THE ®RIC9INAL ON 17 // ATTEST OFF C.u�PERTINO CITY CLERIC OF THE CITY 17) ®Y CITY CLE f LDS E , sole sad steered into this .5t day of Moreh Ste, by tmd between do CM OF cum' , a tmmicipal corporation of the State of Oanfornia, desisted as LESSEE, and EARL EASES ter desiSnated as LESSEE. WITNESIETH That LESSOR hereby lasses unto LESSEE, and LESSEE hirers from LESSOR for agricultural purposes only, those certain parcels of real property more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. upon the following terms and conditions: 1. The tests of the within lease shall be for six and a half months (6-1/2) commencing on March 15. 1976 and continuing to and including September 1, 1976. 2. LESSEE shall give LESSOR as compensation fcr said premises the following: a. The sum of one dollar ($1.00). b. Said compensation shall be made upon execution of contract or at such time as required by the LESSOR. 3. LESSEE sht_11 not without prior written consent of LESSOR construct, erect or piece any Improvements upon the demised premises. Any improvements so constructed shall become the property of LESSOR at the end of the term of this LUSE. 4. LESSEE shall maintain, at his own expense, the leased premises in good ant' -�p fe condition at all times. z r , r a 5. LIMM mh*U obt assign this looms or `any Interest tbereiv, nor let or c tw lbole or any part of the salad premises w1dMut the written consent of Lam. 6. WSSE9 shall occupy, till and in all respects cultivates pie, spray, fertilizes, irrigate and care for said premises during the term of this lease in a good and farmerlike manner and perform any and all other work necessary in order to keep the leased premises and trees thereon in a good and producing condition, without cost or expense to LESSOR, and will not commit any waste or suffer any waste to be done to said leased premises. It is under- stood and agreed that LESSOR will incur no expense in connection with the maintenance, operation, cultivation, irrigationt fertilization. or other work necessary to be performed on said leased premises in order that the same be maintained as a producing orchard. 7. LESSOR shall charge the LESSEE for the consumption of water used for irrigating purposes. S. LESSEE shall harvest all crops produced on said orchard, furnish all labor and materials including boxes necessary therefor, and arrange for the sale of said crop without cost or expense to LESSOR. 9. At the expiration of the term of this lease, LESSEE shall peacefully quit ald surrender the premises in a clean and orderly condition subject to app-oval of LESSOR. 10. LESSEE shall comply with all lawful requirements, all statutes and ordinaaces of the City of Cupertino respecting the use of the demised premises made bit LESSEE. 1... LESSEE shall have and hold to his own use all products harvested from the demised premises with the term of this lease. -- 2 .. 12, shall have t rig#t at my and all times to eater fasten dw mw for the Purpose of maUng . borins, testy, Investigations and for any installation appurtsnamees thereof *_ 13. LESSEE shall IndAMIfy and hold harmless LESSOR. its officers, employees and agents from and against any and all claimfor injury or damage to person or property, loss, damage and liability occasioned by, growing out of, or ar:Lelt% or resulting from any act or omission to act on the part of LESSEE, or arising from the use of the demised premises by LESSEE, or arising out of the operation or maintenance or dangerous or defective condition of said premises. 14. LESSEE shall and will during the full term of this LEASE, and at his own cost and expense, provide and maintain in such form and with company or companies satisfactory to LESSOR a policy or policies of public liability insurance as follows: Public liability insurance in an amount not less than One Hundred Thousand Dollars ($100,000) for injuries including accidental death, to any one person, and, subject to the same limit for each person, in an amount not less than Three Hundred Thousand Dollars ($300,000) on account of any one occurrence, and property damage liability insurance in an amount not less that Fifty Thousand Dollars ($50,000). Provided as follows: a. LESSOR shall be named as cn additional assured in any of said insurance policies; b. Said policy or policies shall not be cancelled unless and until ten (10) days written notice of the intention to cancel is given to LESSOR; and 3 - o� x . r�v« c. i contractual ty t shall be added to each Imm9` ance poUa ext4nding coverW to Include the liability by UMM mats Panzraph 13 d. UWEE shall provide to the LESSIM Certificate of Insurance co�ria�g the foregoing insurance. ls. Each and all of the terse and covenants and conditions contained herein shall be binding upon and inure to the benefit of the successors in interest of LESSOR and LESSEE respectively. CITY OF CUPERTINO By� Mayor ByA&A9 Cit Clerk Fy, LESSEE: Earl Eubanks f. APPROVED AS TO EORNa City Attorney s - 4 - P a"of 103W Toms Avemse CA7p2 dr^Catlfanla 9SO14 Tdaphmw 4408)252-005 DEPARTMENT Of ADMINISTRATIVE SERVICES March 31, 1976 Mr. Dav1d R. Adams Attorney at Law 900 Community Bank Bldg. 111 West St. John Street San Jose, California 95113 DOCUMENTS FOR APPROVAL We are enclosing copies of the following document for your approval: Three (3) - Lease between City of Cupertino and Earl Eubanks. After execution of these documents, please return to this office. ELLEN PAGNINI DEPUTY CITY CLERK EP/sr encl.. Caq of 1 1w g 19 OFVICE OF THE CITY ATTORNEY 10300 Tom Avenue /j Cu�tsra�, CeliL 44014 (408) 252-450S April 1, 1976 E `� Ellen Pagnini, Deputy City Clerk City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Documents for Approval Dear Ellen: Enclosed are three (3) copies of Lease between City of Cupertino and Earl Eubanks, which I have signed in my capacity as City Attorney. Very truly yours, DAVID H. ADAMS City Attorney DHA:di Enclosures (3) e�� ....._._ __ �,. .__ - hilt ktl ��.�31iiv �iii,r':: JKE ITLICY ir ti r t A L. — • AI A.►� 1 ^ � sup P. 0. oax :436 8K rAST ;s-tD4 1+. VI%TYAA. CAL cO/11A 9s001 murVAL COMPANY • t� 1 _ NON-ASSESSABLE POLIC', POLICY HUMRER � ?00� 42 30 DECLARATIONS REPLACES NUMBER Um 1. Named lamed and Address: (no..sweet,Town or coy,cour1ay.smfe) NEX j •Earl W. Eubanks and Nicholas J. Plerusina 18650 Kosich Drive Saratoga, California 95070 Item L Policy Period: (Mo. Day yr.) From 3/15/76 to 3/15/77 12,01 A.M.,standard time at the address of the named insured as stated herein. } The named insured is: lndwidual KI Partnership corporation ❑ hint Venture Other:_ Business of The named insured is: Audit Period.Annual,unless otherwise stated- Item 3. The insurance afforded is only with respect to the Coverage Parts) indicated below by specific premium charge(s) and attached to and forming a par! of this policy. t PremiuAdvancms Coverage - - —_e---- Rdrarlee Coverage ;I Premiums Part rage Coverage Part(s) Premiums Part Aols). Coverage Partls) I{ S Compfe'ed Operations aid Products Liability S Manufacturers'anal Coatracton'Lit ilily I Insurance Insurance S Comprehensive General liability Insurance S Owner's and Contractor's Protective Liab!hty , -- i _ Comprehensive Personal insurance Insurance E Elevator Coalition Insurance S 32.00 L 6415 Owners',Landlords'and Te,ants'Liabiiay ! S � farm Employers'Liability and faan Employees' —, — fMedical Payments Insurance S Personal Injury Liability insurance i S farmer's Comprehensive Personal Insurance S Premises Medical Payment! Insurance S Farmer's Medical Payments Insurance f Storekeeper's Irsurax9 i S Garage Insurance __— �S Mosp'tal Professional Liability Insurance I --- ----- —.� — —-- form numDtrs of endorsements. other than those entered oa S O 5-7 - _ Coverage Part's).attached at issue S Total Advance Premium for this policy. If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on. Plective Date Ist Anniversary 2nd Anniversary e 32.00 S $ i Item 4 Gi;ring the past three years no insurer has cancelled insurance.issued to the named insured,similar to that afforded hereunder, unless otherwise stated herein I ' t Countersigned s Menlo Park, California 4/9/�16ab Authorized Representative 3 1 Maw ME GWMW. UWKGW AM 9$AWAW UURW MORANU L 6415 Aim RUM GFUSTM 0 FROG= OM TM SW a A BOMWM IFt r dtKkad b fhft 0% 6 mokle SW Icy. isi6�o im"pmsdm 4aww"--goov.p sma1 Lep-awm4 tf 40MMM&Moen si W"W f or re"w) W ® Venwe ® 4MMf1&L LgMQ[ ® .&n&N �0 Y1s1W Pae4 by alow fad #CM•&A 82L0/1 i6.iL{iM The insurance aftrded is only With fnsspect to such of the foltf Coverages as we indicated by sgecific Premium cla t or dwM The limn of the wmp"'s liability against emb such Coverage shaft be as stated herein. subtect to a the te►ms to this policy tub refereeue ih.reto. Aftno Lh ffs fff Liability Frealm each Terence $ UM $ 300, . A--Racily Injury liability _ 50,000. d--ftwrty Damage liability S L We a mkm of andemenab SUICIMA at iss" j i 32.00 Tetaf A/vamce Premium if Central liaDft� t� Abuts Hears totes Be6ltyy tajery ►reRIty OMW F.D. Hfeaiaa Baste Cob of Ra�fAs heap-ltatiapss 27.00 5.00 area 01205 f 13 Acres of Qxhard I! I R-Nad,near SIi�t� ve, ono, Calif. A®I'1'IC NAL IlVSaRED City of Cumrtino 10300 Avenue Cupertino, 0 f ePoo t=sg�of bs �M tU Ih.too Aosbo m (kQwtt �e t+ lnD r Pme&06 b �� f �.sse tltaatnte a3 Preafisa�